S D TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India by the two petitioners is directed against the order dated 10/17.10.2012 passed by the respondent No.1-Union of India, in Ministry of Civil Aviation, whereby a direction is given to fix the seniority of the merged employees and officers of International Airports Authority of India (hereinafter referred to as IAAI for brevity) and National Airports Authority (hereinafter referred to as NAA for brevity) from the date on which the common Recruitment and Promotion Regulations in Airports Authority of India (hereinafter referred to as AAI for short), were implemented. It is contended that there was a difficulty in fixing the seniority of the merged officers and employees of AAI and, therefore, the matter was referred to the Central Government. Three committees were constituted in succession, which gave their reports. The third Committee at the last gave a definite finding as to why the seniority of such merged employees should be determined with effect from the year 2009. The Central Government though accepted the entire recommendations made by the third Committee, yet the report of the second Committee was accepted only for the purposes of prescribing a cut off date for determination of the seniority. Since this was done without any justified reason, the impugned order to this extent was liable to be quashed. It will be necessary to give brief history of this dispute which was pending before the respondents for a long time, which is summarised hereinafter.

(2.) The Parliament has enacted an Act known as Airports Authority of India Act, 1994 (hereinafter referred to as 1994 Act for brevity) for the purposes of establishing an authority to look after all activities related to construction and management of International and domestic airports, establishing air traffic control and air space management. Prior to the establishment of the AAI by virtue of 1994 Act, such activities were being controlled by Director General of Civil Aviation (DGCA). The object of making of such an Act was the need to meet out the growing operational activities as well as heavy investment for modernisation of airports, which was difficult to be controlled by DGCA. With this object, the 1994 Act was made. Section 3 of the Act deals with constitution and incorporation of the authority for the purposes of the Act, which reads thus.-

(3.) The purpose of such a constitution of the AAI and its manner of function indicates that the Chairperson of the authority was though appointee of the Central Government, but he alone was not the sole authority to take a decision. Any decision was required to be taken only and only by the AAI. The functions of the AAI are enumerated in Chapter-III Section 12 of the 1994 Act, which nowhere describe that only the Chairperson of the AAI would be required to discharge these functions. Meaning thereby since the AAI is a body, corporate having perpetual succession and common seal, was the only AAI to take any decision in the matter relating to functions of the authority. To some extent, the Parliament gave power to the Central Government under Section 40 of the 1994 Act, to issue directions which for the convenience is reproduced as hereunder.-